10 P.2d 767 | Cal. Ct. App. | 1932
The defendant in this action was charged by the district attorney of the county of Sacramento with the crime of burglary. Upon arraignment the defendant entered a plea of guilty of attempt to commit burglary in the second degree, and was thereupon sentenced to imprisonment in the state prison. From this judgment the defendant appeals.
[1] Only one point is relied upon for reversal, to wit: That under subdivision 2 of section
Under the rule announced in the case of In re Lee,
This case is readily distinguishable from the case of People
v. Sama,
The question with which we are dealing is, however, not an open one in this state. In the case of In re Bellis,
The judgment is affirmed.
Preston, P.J., and Thompson (R.L.), J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on May 7, 1932, and an application by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on May 23, 1932. *36